Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The collegiate principle of the regal _interregnum_ and the use of the
lot[604] had both disappeared; the agreement of the patrician senators
took the form of the election (_creatio_)[605] of a single interrex
(_prodere interregem_). This magistrate nominated his successor, as the
consul nominated the dictator,[606] each succeeding interrex holding
office for five days. There was no limit to the number that might be
created, the interreges varying from the minimum of two to the known
maximum of fourteen;[607] but there must be at least two, the first
being incapable of holding the consular election, probably because
he was regarded as having received the _auspicia_ irregularly. The
qualifications for the interrex were, that he should be a Patrician[608]
and a senator, and the instances seem to show that he was invariably
chosen from the past holders of curule office.[609] The first interrex
was no doubt guided by the wishes of the Senate, or of the _patres_, in
the choice of his nominee, and the whole list may have been prepared
before his appointment. With the creation of the highest regular
patrician office, i.e. with the election of a single consul, the
_interregnum_ necessarily came to an end and the interrex retired.
The reappointment of a chief magistrate called the people into life
again; and, as a rule, it perpetuated itself by perpetuating the
magistracy. There was, indeed, one large section of the people which
had a continuity of existence as a corporation—this was the _concilium_
of the Plebs with its presidents, the tribunes. From the year 287 this
_concilium_ was an independent legislative sovereign, and nothing more
clearly marks the theoretical dualism of popular sovereignty at Rome than
the fact that one parliament could continue to exist while the other, the
_comitia_ in its various shapes, was dormant. The division of executive,
judicial, even of deliberative power, is not uncommon in governments
of the mixed type; the division of unlimited legislative authority is
rarer and nowhere so clearly marked as in Rome; for an act of parliament
did not require the co-operation of the two assemblies—the separate
_fiat_ of each had the force of law.[610] It is true that in practice
this fundamental dualism was not acutely felt, for the individual
elements of the Populus and the Plebs were to all intents and purposes
the same. We may emphasise the practical similarity and the theoretical
difference best by glancing at the two assemblies of the tribes. Except
in elective matters they differed hardly at all in the sphere of their
competence—each was a legislative and judicial assembly. But they were
under the presidency of magistrates of different kinds, and this caused a
slight difference in their constitution. When the tribunes of the Plebs
summoned the people by tribes, the members of the few patrician families
did not attend; when the consul or praetor summoned the people by tribes,
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